FUTURE INTERESTS-REMAINDER TO SURVIVING CHILDREN VESTED WHEN

Authors

Abstract

A tendency to follow legal maxims and trite expressions of the law to their ultimate conclusion may result in a confusion in the law and decisions that must later be reversed, or adhered to although admittedly wrong. In the recent case of Harrison v. Harrison (Ala. 1925) 105 So. 179, the court held that a will devising property to the testator's wife, during her life or widowhood, remainder to testator's then surviving children gave to the children a defeasible vested remainder; that upon the death of one of the children the estate in the other vested absolutely, as no further survivorship was possible. In support of this holding the court cites no authority other than previous Alabama decisions and legal maxims to the effect that the law favors vested estates rather than contingent, and the vesting of the estates at the earliest possible moment.

Recommended Citation

FUTURE INTERESTS-REMAINDER TO SURVIVING CHILDREN VESTED WHEN, 24 Mich. L. Rev. 399 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss4/8